Appeal No. 2001-0659
Application 08/935,368
becomes resilient due to the air-cushion effect of said air-tight
cavity" (Br5-6). It is argued that Mori does not specifically
disclose the formation of an air-tight cavity.
The examiner responds that the combination of the
diaphragm 409, corresponding to the "membrane," the spacer
ring 408, corresponding to the "tubing," and the periphery of the
forward end of the cover tube 304, corresponding to the "plugging
material," seals the forward end of the optical system against
the exterior. Therefore, the examiner finds that Mori teaches an
air-tight cavity. In addition, the examiner notes that the
diaphragm changes shape due to the blood pressure and states that
"it appears that without air tight cavity, it would be hard to
change the shape of the elastic diaphragm 409 only with the blood
pressure" (EA7).
We disagree with the examiner's findings. Mori does not
disclose that the flexible cover 403 is sealed to the optical
fiber to form an air-tight cavity or that the surface of the
membrane acts against the air-cushion effect of the air-tight
cavity. It is improper to resort to speculation or unfounded
assumptions to supply deficiencies in the factual basis for a
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